How to Negotiate a Data Safety Warranty in an M&A Transaction
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8.0 trên 10 được 3 bình chọnThe pensee that loss of life, taxes and ransomware moves are the three definiteties of life doesn’t just apply to businesses. With data security breaches expected to impact a business every two seconds, and costing businesses $265 billion in the first year, and that’s just for 2031, it’s not a surprise that more distributors are to be providing their customers with a new kind of warranty: cybersecurity warranties. These warranties help reduce the economic security risks associated with cyberattacks, and eliminate the risk by shifting liability to the company that provides them. They are often used in conjunction with cybersecurity insurance and aid in filling in the gaps where insurance won’t be able to cover a reduction.
Warranties can be a useful tool to transfer financial risk, but they aren’t an alternative to a comprehensive risk management system. A cybersecurity warranty can be used in lieu for cyberinsurance. However, both should be used together to reduce the risk.
When negotiating a warranty agreement in an M&A deal, it’s essential to recognize and limit liabilities that aren’t covered under the warrant. For example cases of regulatory offence typically have long limitations that may exclude indemnification under a warranty.
Manufacturers must also ensure that their warranty covers the intended use of products. Machine learning tools that analyze the patterns of walking can be covered under warranty to help people identify the right shoes or diagnose chronic pain. However, if the tool is being used to monitor or intercept communications, a warranty disclaimer may keep the manufacturer from recognizing any liability.
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